Legal Question in Real Estate Law in India

I and my brother( older ) bought one 900 SqY residential land in my home town with 50-50 share. Due to my unavailability on the land registration day, the complete land was registered on my brother name. And I had been told by my brother that there won't be any problem. When the property sells I will get my 50 % share. All these were oral communication only there was no document. Because I believed him .It was done in 2008. Now the land rates were increased significantly. Now my Brother version was changed. He is not willing to fulfill his commitment about 50-50. Share. He is telling whatever amount he wants to give that will give to me but not like 50-50. So many times I asked him to change the land on both of us. He is not at all willing.

I don't have any documents as i said but i have few witnesses like my other brother and relatives .

Is there any way to get my 50% share by using these witnesses. Next month again i will have discussion on this. please advice me


Asked on 1/20/16, 2:21 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Did you pay any part of consideration money for purchase of land ? If yes, than how was that money paid.

If you have contributed to the purchase of land, and if your name in the sale deed is not mentioned, then you will be required to file a Civil Suit for declaration of ownership, based on the fact you mentioned. However, in absence of any concrete evidence, it is less likely that you will succeed.

You also have option for criminal case, and likewise less chance of success.

Feel free to contact me should you have any questions.

Vivek N Mapara

vnmlaws.com

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Answered on 1/21/16, 7:00 am


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